Bombay High Court
Ramadevi Rameshrao Agrawal vs Namdevrao Shankarrao Gawande on 7 October, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-NAG:11168-DB
1-WP-1524-2018.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 1524 of 2018
Ramadevi Rameshrao Agrawal
Aged about 51 years, Occ-Agriculturist,
R/o. Near Mukul Talkies,
Dhamangao Rly, District Amravati. .. Petitioner.
Versus.
1. Namdevrao Shankarrao Gawande.
Aged about 67, Occ-Agriculturist,
R/o. Virual (Ronghe), Dhamangao Rly. Dist. Amravati.
2. Assistant Registrar, Cooperative Society,
Dhamangao Rly., District Amravti.
3. District Registrar (Co-operative Societies),
Amravati, Office at Kanta Nagar Camp, Amravati. .. Respondents.
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Mr. Alok Daga, Advocate for petitioner.
Mr. Mahesh Rai, Advocate for respondent no.1.
Mr. S. M. Ghodeswar, Assistant Government Pleader for respondent nos. 2 &
3.
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CORAM :- BHARATI DANGRE AND ABHAY J. MANTRI, JJ.
DATE :- 7th OCTOBER, 2024
ORAL JUDGMENT (Per BHARATI DANGRE, J.)
Rule. Rule made returnable forthwith.
By the order dated 03.09.2024, this Court specifically formulated an
issue for determination as to whether on the order passed by the
Divisional Joint Registrar, Co-operative Societies, against the order
passed by the Assistant Registrar, Co-operative Societies, a review can be
sought under guise of an appeal.
Our attention is invited to Annexure-G, page 32, to the petition i.e.
communication dated 30.11.2017 issued by the Assistant Registrar,
Co-operative Societies, who issued notice and directed the parties to
remain present along with necessary documents.
2. On hearing the learned counsel for the petitioner, we have noticed
that the order was passed by the Assistant Registrar, Co-operative
Societies on the application preferred by one Namdev Gawande under
Sections 16 and 17 of the Maharashtra Money Lending Regulation Act,
2014 and finding no substance in the application, the proceedings were
filed.
Being aggrieved, an appeal was preferred before the District
Deputy Registrar (Money Lending), District Cooperative Societies,
Amravati and this appeal was also rejected by upholding the findings
recorded by the Assistant Registrar.
3. Mr. Rai, learned counsel representing the respondent no.1 concede
that there is no power to review as the order has been passed by the high
ranking authority i.e. District Deputy Registrar, Co-operative Societies.
Since we are of the opinion that unless and until a statute confers power
of review, the power cannot be exercised and that too, by an authority
whose order has been upheld by the high ranking authority.
4. In the wake of the above position emerging on perusal of the
pleadings in the writ petition and the arguments advanced before us by
the contesting respondents, the writ petition is allowed in terms of prayer
clause (1), which reads thus:
"(1) Quash and set aside the notice dated 30.11.2017 at
Annexure G and H issued by the respondent no.2 Assistant
Registrar, Cooperative Society, Dhamangaon Rly and
quashed and set aside the proceeding which is pending
before the respondent no.2 Assistant Registrar, Cooperative
Society, Dhamangaon Rly as per notice dated 30.11.2017 at
Annexure G and H."
5. Rule is made absolute as above. No order as to costs.
(ABHAY J. MANTRI, J.) (BHARATI DANGRE , J.)
Andurkar.
Signed by: Jayant S. Andurkar
Designation: PA To Honourable Judge
Date: 08/10/2024 10:25:03
